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Estates
Estates are the assets and liabilities of a deceased person, including land, personal belongings and debts.
6,325 Questions
Does the trustee have the right to evict?
A trustee with eviction rights is a complete oxymoron to the essence of what a trust is, and is in total opposition with the purpose and use of liability insurance and its role prevailing civil practices.
Can an executor hide information from a sibling?
Generally, the status of a person as a "sibling" is not relevant. What is relevant is whether that sibling is or is not a beneficiary under the will. An executor has an obligation to give information to the beneficiaries of the estate as named in the will, not to all the decedent's relatives. If a sibling (whether it is a sibling of the decedent or of the executor) has no interest in the estate, he/she has no rights to information about the estate. In some jurisdictions, an executor might be required to simply give that sibling notice of the probate of the will, even if the will gives that sibling nothing, but only if that sibling would inherit some part of the estate in absence of the will. As with all legal questions, the specific answer may differ from state to state depending on that state's laws. So you must check those laws to get the precise answer.
What is the difference between a living trust and a revocable living trust?
A living trust is a trust that exists and is operational during your lifetime. Such a trust may be set up for many different purposes and may be revocable or non-revocable.
A trust that doesn't become active until your death is called a testamentary trust as distinguished from a living trust.
By far, the most common living trust is a revocable living trust. "Revocable" mean it may be terminated at will by any of the persons who created it. The primary reason these trusts are created is to avoid probate court after the death of the person(s) who created or set up the trust. There are many other benefits of such trusts, such as avoidance of estate taxes for the heirs, creating special needs trusts for heirs with difficulties, disinheriting heirs, protecting family businesses, and many others, but avoiding probate is almost always the principal reason for a revocable living trust.
Non-revocable, or irrevocable trusts are generally used for transfer of assets during one's lifetime, often for tax purposes. For example, an irrevocable trust could be established to provide income to certain heirs during their lifetime, with the assets going to charity after the heir's deaths. This is often used to avoid estate taxes. The creator, however, cannot revoke and usually may not change the terms of the trust or take back the assets. They are no longer owned by the creator of the trust.
The principal difference between the two types of living trusts is that with a revocable trust, the creator of the trust can terminate the trust and regain ownership of the trust assets; and with a irrevocable trust, the creator of the trust gives up ownership and control of the assets and the trust cannot be revoked. There may be exceptions to this general explanation, but these are the principal distinctions.
For specific answers to personal situations, it is always best to consult with a local attorney with experience is this area of the law.
When making a will is the testatrix the witnesses?
Testatrix is the feminine form of the word testator, the person who is giving property according to the provisions of the will-- the one who is creating the will. It is an infrequently used form. Aviatrix is an example, the feminine form of aviator. Mary the mother of Jesus is sometimes called the mediatrix of all grace in some religious traditions; mediatrix is feminine for mediator. I guess if we were still using this old form we would call a woman who is a senator a senatrix. Doesn't work very well.
If your father died intestate then his property passed to his next of kin according to the laws of intestacy in the state where he lived. If you and your sister were his only next of kin then you each would inherit a half interest in his property both real and personal. However, in order for title to real estate to pass to the heirs his estate must be probated.
If you were the court appointed administrator of your father's estate you would need a license from the court to make any changes in the ownership of the real estate. If you obtained a license from the court to transfer the property to your name and your sister assented to that license then it's too late for her to change her mind.
However, if the estate was not probated and you had no authority and license to transfer title then all your sister needs to do is petition the court to be appointed administrator of the estate. Any actions you took regarding the transfer of title would be null and void due to your lack of authority.
When a person dies and there is real property or solely owned accounts in the estate an attorney who specializes in probate law should be consulted to initiate a probate proceeding. The average person has no background in probate law and errors made by a non-professional can be costly down the road.
What to do if you have been cheated out of your inheritance?
My nephew received an inheritance when his mom and dad died back in 1982. his grandparents were in charge of it. i am afraid they spent it because he never received any of it. how do i help him find out what happen to his money? abbie joyce5@alltel.blackberry.com
There are several factors that must be considered and you haven't included the important details. The basic questions would be when the land was acquired, how they held title to the property and whether they live in a community propertystate. It is likely they held title so that when one died the other would become the sole owner.
To answer this question you would need to contact an attorney who could check the title to the property in the land records.
In PA are adult step children considered heirs?
In Pennsylvania, stepchildren are not considered legal heirs unless they have been legally adopted by their stepparent. If there is no legal adoption, stepchildren do not have any rights to inherit from their step-parent's estate.
What is a life estate with no powers?
That is not a common term. It could mean without the power to sell. Some states, such as Florida, have something called an enhanced life estate under which the life tenant has the power to sell the property during their life time.
How do you find out if someone has made a will?
To find out if someone has made a will, you can check with the local probate court where the person resides. Wills are typically filed with the court upon the individual's death. You can also check with the person's attorney or consult public records.
Is an executor of an estate that has property allowed to sel?
The executor cannot sell any property at their own discretion unless they have been granted the power to do so. That power must be granted in the will or by a license issued by the court where the probate is filed.
Does a spouse have rights to inheritance from in laws?
You are not a legal heir-at-law of your in-laws. Your spouse is related to them by blood but you are not. You can check the laws of intestate succession in your state at the related question link below.
In this situation, the laws of intestate succession will determine how the property is distributed. Typically, the spouse will inherit a portion of the property, and the remaining portion will be divided among the children. It is advisable to consult with a probate attorney to understand the specific laws in your jurisdiction and to navigate the legal process of transferring ownership of the property.
Let's see . . . the natural daughter's stepfather would be the husband of the decedent. He would be the surviving spouse. Generally, the surviving spouse of someone who dies intestate (without a will) is the primary heir. Each state has its own laws of intestacy and they vary from state-to-state. You would need to check your state laws to determine your status as an heir-at-law. You can check your state law at the related question link below.
Can I leave my estate to my daughter but NOT her husband?
Yes, you can create a trust that specifies that your estate goes directly to your daughter and not to her husband. This allows you to keep control over how your assets are distributed. Consulting with a lawyer who specializes in estate planning can help ensure your wishes are legally binding.
Does a life estate have to be recorded?
Yes. If a life estate isn't recorded then the fee owner of the property can sell the property and the new owner's interest in the property will not be subject to the life estate. Any interest in real estate must be recorded in order for it to be effective against the world.
Can the Executors for a will witness the signing of the will?
It is generally recommended that the executors of a will do not act as witnesses to the signing of the will to avoid any potential conflicts of interest or challenges to the will's validity. It is best to have independent witnesses who do not stand to benefit from the will.
Do you as wife have the right to change your husband power of attorney given to your son in 1997?
As a wife, you typically do not have the unilateral right to change your husband's power of attorney that was given to your son in 1997. The power of attorney document can only be changed by the person who granted it, your husband in this case, if he is of sound mind and capable of making legal decisions. It is advisable to consult with a legal professional to understand the specific laws and options available in your jurisdiction.
Can an executor file a claim against the estate in Kentucky?
Since the executor has the authority to handle the assets of the estate, pay any debts, and collect a statutory fee for their services before the legacies are paid the executor would have no reason to file a claim against the estate. They would be filing a claim against themselves in their capacity as the executor. You need to provide more details.
Use the word bequeath in a sentence?
My grandmother promised to bequeath her grandmother's wedding ring to me as her eldest granddaughter.
Is a will valid in Texas if Notary forgot to sign?
If the notary forgot to sign, the document is not notarized.
How do you know if the will went to probate?
If a will has been probated the name of the decedent will appear in the probate index. You can check the index at the probate court of jurisdiction. If there is a file under the name of the decedent you can request it, review the will and review any other filings in the case.
Your mother's will should be probated. The court will decide if the will is valid and then will appoint the executor. Since your sister is the named executor the court will want either to appoint her or will want her to decline to be appointed in writing. You can then petition to be appointed. Once the will has been allowed and the executor has been appointed the distribution of the property must be carried out according to the law, to the provisions of the will and in a timely manner. Creditors will have an opportunity to make a claim.
If your mother owned any real estate her estate MUST be probated in order for title to pass to her heirs. If she had bank accounts in her name alone the executor will be given authority by the court to close the accounts and distribute the proceeds. If your mother owned any such property you should seek the advice of an attorney.
What is the probate law in Texas?
Probate in Texas is governed by the Texas Estates Code, which outlines the process by which a deceased person's assets are distributed and debts are settled. It typically involves verifying the validity of a will, appointing an executor or administrator, inventorying the estate, paying debts, and distributing assets to beneficiaries. Texas offers several simplified probate processes for small estates to expedite the process.
